Archive for the ‘Same Sex’ Category

3 Lawyer’s Concerns About RapidVisa Debunked

Posted on: December 2nd, 2014 by RapidVisa Staff 2 Comments
3 Lawyer's Concerns About RapidVisa Debunked
Some attorneys are skeptical about our services.

There are a few different paths to get your family based immigration needs met. In fact, we made an infographic about just this comparison decision. One choice that people often unnecessarily opt for is hiring an ‘immigration attorney’. Attorneys are great, and have a very important role in society. In fact, we have our own. But, unless you have legal issues, such as convictions or need a waiver, they statistically are not likely to help your chances and highly likely to cost 5 to 10 times more than RapidVisa, and take significantly longer to process and review your petition.

We understand you have to do your homework. This is important. But don’t be taken advantage of. Do your research. Many of our customers first went to an attorney but after thousands of dollars and no results, contact us in the middle of the process and kick themselves for not using us sooner.

There are a few websites out there that are lead generators for lawyers, so of course, if you ask a question like “Should I use RapidVisa or should I use a lawyer?”, they’ll be biased. Often times they try to lump us in with scammy sites that illegally sell forms or don’t know what they’re doing.

We’ve gathered some comments from some of these lawyers, and paraphrased them to keep the commenters anonymous out of respect. 

Let’s debunk some of these concerns.

1. Is it really a legal matter? Usually not.

"You should never trust someone who is not an attorney to manage your legal matters. That's like trusting somebody who's not a doctor for medical issues."

Debunked:

Filing a visa petition is as much of a legal matter as getting your driver’s license. Do you hire a $3,000 attorney to apply for your driver’s license? The premise is pretentious and misleading. Petitioning for a family visa is not a legal matter, it’s a benefit request from your government. They don’t teach how to apply for visas or green cards in law school. Every lawyer who helps in these matters learned it on their own just like anyone else. That said, if you have legal issues that could complicate your situation, you definitely should get legal counsel.

RapidVisa does not offer legal advice or representation. Here’s what we do offer. Some lawyers have even accused us of unauthorized practice of law, or “UPL”. RapidVisa and its software has been investigated and cleared by both the Department of Homeland Security and the Colorado Supreme Court. We offer a service similar to TurboTax for visa applications. Here’s news coverage of our company being investigated and cleared by the Colorado Supreme Court.

2. Avoid super high denial rates?

"An attorney can significantly improve your chances for approval. Every year, approximately 40 to 60% of all fiancee visa petitions filed are not approved."

Debunked:

This is false. The overall K-1 visa approval rate is around 95% according to the actual NVC’s statistics. This is scare tactics. Of course everyone wants the best chance for approval but do you really want to hire someone who makes such a false statement? RapidVisa has an over 99% approval rate, which is a bit higher than the overall average. There is less than a 1% chance of a lawyer helping your odds better than RapidVisa.

3. Experience matters.

"As an attorney, we do dozens of cases a year and therefore are the most experienced option you can go with."

Debunked:

If your value proposition is that you are the most experienced because you have handled the most cases, then RapidVisa wins. We have over 15,000 approvals at over 99.7% approval rating. There probably isn’t an immigration attorney on Earth who will see that many cases in their lifetime. We have dozens of experienced representatives in 3 countries who help with these petitions every day.

Some attorneys take on all kinds of cases, immigration or not, and don’t get near the amount of experience on such a that we have. The typical local law firm might take on a few cases a year for a certain visa type. We help thousands of families, not dozens.

25 Things That Will Get Your Fiance or Spousal Visa Denied

Posted on: October 14th, 2014 by RapidVisa Staff 12 Comments

visa denialBe aware that while the majority of fiance visas are approved, there are some things that can give you a much higher chance of denial. The good thing for you, is RapidVisa has an excellent record of avoiding denials, over 99%. If you’re thinking about doing this on your own, consider these things that can get you denied, and let us lower your chances. For more info on the k1 visa process, go here.

Here are 25 things that can get you denied:

  1. Missing required documents
  2. Missing supporting evidence
  3. Incorrect paperwork or forms
  4. Missing signatures on forms
  5. Outdated forms
  6. Have not physically met in person within the last two years of filing
  7. Not legally able to marry – still married or not divorced
  8. No proof of bona fide or legitimate relationship
  9. Unable to prove intent to marry
  10. Incorrect or missing translation documents
  11. Insufficient income/assets of the U.S. citizen sponsor
  12. Very large age difference between the couple
  13. Did not adhere to cultural norms i.e. did not have an engagement ceremony when this is customary for the local culture.
  14. Minimal communication or contact in the previous year, the couple have not seen each other for an extended period after filing I-129F K1 visa application
  15. Communication barrier where neither partner speaks the other language; poor English skills
  16. Partner with a minor child is unable to obtain legal custody
  17. Lack proof of day to day contact/communication
  18. Beneficiary at the visa interview does poorly and consular officer doubts there is a bona fide relationship to the U.S. citizen
  19. The U.S. citizen petitioner has filed for another foreign citizen in the past
  20. Criminal record (Call us)
  21. Medical condition or disease (such as communicable diseases)
  22. Fiancé misrepresents a fact or error at the visa interview
  23. Fiancé presents a document that appears to be fraudulent
  24. Fiancé has previously lived in the U.S. and overstayed the visa
  25. Fiancé provides fake or Photoshopped photos or other fraudulent evidence

These 25 reasons constitute only a fraction of what could go wrong. It’s best not to take chances and go with our 99%+ approval rating.

Updated guidance on same-sex marriage

Posted on: September 9th, 2013 by benives 2 Comments

The language in federal immigration laws no longer defines marriage as “a legal union between one man and one woman”.  Effective immediately same sex spouses may apply for immigration in the same manner as those filed by opposite sex spouses unless a specific provision of the Federal Immigration laws require a different approach.  Step children of same sex marriages are equally eligible for nonimmigrant visas.

Legal same-sex marriage

A same-sex marriage is valid for immigration purposes as long as the marriage is recognized in the “place of celebration”.  Same-sex partners of U.S. Citizens may now apply for a fiancé non-immigrant, K-1 Visa to wed in the United States (state permitting).  The marriage is valid even if the couple intends to reside in one of the 37 states that do not recognize same sex marriage and even if applying in a country in which same sex marriage is illegal.  Once married a foreign spouse may apply for adjustment to status thru USCIS.

Frequently Asked Questions on same-sex marriage

Q: How does the Supreme Court’s Windsor v. United States decision impact immigration law?

A: The Supreme Court has found section 3 of the Defense of Marriage Act (DOMA) unconstitutional. Effective immediately, U.S. embassies and consulates will adjudicate visa applications that are based on a same-sex marriage in the same way that we adjudicate applications for opposite gender spouses.   This means that the same sex spouse of a visa applicant coming to the U.S. for any purpose – including work, study, international exchange or as a legal immigrant – will be eligible for a derivative visa.  Likewise, stepchildren acquired through same sex marriages can also qualify as beneficiaries or for derivative status.

Q: Do we have to live or intend to live in a state in which same sex marriage is legal in order to qualify for an immigrant or nonimmigrant visa?

A: No. If your marriage is valid in the jurisdiction (U.S. state or foreign country) where it took place, it is valid for immigration purposes.  For more information, please review the following page on the United States Citizenship and Immigration Service’s (USCIS) website.

Q: I am in a civil union or domestic partnership; will this be treated the same as a marriage?

A: At this time, only a relationship legally considered to be a marriage in the jurisdiction where it took place establishes eligibility as a spouse for immigration purposes.

Q: I am a U.S. citizen who is engaged to be married to a foreign national of the same sex.  We cannot marry in my fiancé’s country. What are our options? Can we apply for a fiancé K visa?

A: You may file a Form I-129F and apply for a fiancé (e) (K) visa.  As long as all other immigration requirements are met, a same-sex engagement may allow your fiancé to enter the United States for the purpose of marriage.

Q: Can same sex couples now apply for visas in the same classification?

A: Yes. Starting immediately, same-sex spouses and their children are equally eligible for NIV derivative visas.  Same-sex spouses and their children (stepchildren of the primary applicant when the marriage takes place before the child turns 18) can qualify as derivatives where the law permits issuance of the visa to a spouse or stepchild.  In cases where additional documentation has always been required of a spouse applying with a principal applicant, such documentation will also be required in the case of a same-sex spouse (see below).

Q: Are there nonimmigrant visa classifications which will require approval of certain documentation before an interview can take place?

A: Yes. Same-sex spouses and stepchildren (F-2 and M-2) of student (F-1 and M-1) visa applicants will need to obtain an I-20A prior to application.  Spouses (J-2s) of exchange visitors (J-1) visa holders will need an approved DS-2019.  Finally, same-sex spouses of victims of criminal activity (U-2s) and human trafficking victims (T-2s) will require completed Supplement A to Form I-918 or I-914, respectively, before an officer approves any derivative cases.  This additional documentation is also required for opposite gender spouses.

Immigrant Visas

Q: My foreign national spouse has children. Can they also be included with my spouse’s case?

A: Yes, the children of foreign national spouses can be considered “step-children” of the U.S. citizens and can therefore benefit from a petition filed on their behalf in the IR2 category.    In other categories, stepchildren acquired through same sex marriage can qualify as beneficiaries (F2A) or for derivative status (F3, F4, E1-E4, or DV).  You and your spouse must have married before the child turned 18.

FAQs retrieved 9/8/2013 from:  http://travel.state.gov/visa/frvi/frvi_6036.html#